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Clouser v. Johnson

United States District Court, Third Circuit

December 18, 2013

NATHAN W. CLOUSER, Plaintiff,
v.
TODD JOHNSON, et al., Defendants.

ORDER

CHRISTOPHER C. CONNER, Chief District Judge.

AND NOW, this 18th day of December, 2013, upon consideration of the report of Magistrate Judge Susan E. Schwab (Doc. 70), recommending the court deny the pro se plaintiff's motion (Doc. 48) for partial summary judgment, and, following an independent review of the record, it appearing to the court that the pro se plaintiff has failed to satisfy the difficult burden of proving that he is entitled to judgment as a matter of law, and it further appearing that neither party has objected to the report, and that there is no clear error on the face of the record, [1] see Nara v. Frank , 488 F.3d 187, 194 (3d Cir. 2007) (explaining that "failing to timely object to [a report and recommendation] in a civil proceeding may result in forfeiture of de novo review at the district court level"), it is hereby ORDERED that:

1. The report of the magistrate judge (Doc. 70) is ADOPTED in its entirety.
2. Plaintiff's motion (Doc. 48) for partial summary judgment is DENIED.
3. This matter is REMANDED to the magistrate judge for further proceedings, to include resolution of the pro se plaintiff's pending motion (Doc. 74) to compel and all other pre-trial matters.

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